(a) The clerk of the Court of Claims shall transmit a copy of
the application to the claim investigator within seven days after
the filing of the application.

(b) The claim investigator, upon receipt of an application for
an award of compensation from the Clerk of the Court of Claims,
shall investigate the claim. After completing the investigation,
the claim investigator shall make a written finding of fact and
recommendation concerning an award of compensation. He or she
shall file with the clerk the finding of fact and recommendation
and all information or documents that he or she used in his or her
investigation:Provided, That the claim investigator shall not file
information or documents which have been the subject of a
protective order entered under the provisions of subsection (c) of
this section.

(c) The claim investigator, while investigating the claim, may
require the claimant to supplement the application for an award of
compensation with any further information or documentary materials,
including any medical report readily available, which may lead to
any relevant facts aiding in the determination of whether, and the
extent to which, a claimant qualifies for an award of compensation.

The claim investigator, while investigating the claim, may
also require law-enforcement officers and prosecuting attorneys employed by the state or any political subdivision thereof, to
provide him or her with reports, information, witness statements or
other data gathered in the investigation of the criminally
injurious conduct that is the basis of any claim to enable him or
her to determine whether, and the extent to which, a claimant
qualifies for an award of compensation. The prosecuting attorney
and any officer or employee of the prosecuting attorney or of the
law-enforcement agency shall be immune from any civil liability
that might otherwise be incurred as the result of providing such
reports, information, witness statements or other data relating to
the criminally injurious conduct to the claim investigator.

The claim investigator, while investigating the claim, may
obtain autopsy reports including results from the Office of the
State Medical Examiner to be used solely for determining
eligibility for compensation awards.

Upon motion of any party, court or agency from whom such
reports, information, witness statements or other data is sought,
and for good cause shown, the court may make any order which
justice requires to protect a witness or other person, including,
but not limited to, the following: (1) That the reports,
information, witness statements or other data not be made
available; (2) that the reports, information, witness statements or
other data may be made available only on specified terms and
conditions, including a designation of time and place; (3) that the reports, information, witness statements or other data be made
available only by a different method than that selected by the
claim investigator; (4) that certain matters not be inquired into,
or that the scope of the claim investigator's request be limited to
certain matters; (5) that the reports, information, witness
statements or other data be examined only by certain persons
designated by the court; (6) that the reports, information, witness
statements or other data, after being sealed, be opened only by
order of the court; and (7) that confidential information or the
identity of confidential witnesses or informers not be disclosed,
or disclosed only in a designated manner.

However, in any case wherein the claim investigator has reason
to believe that his or her investigation may interfere with or
jeopardize the investigation of a crime by law-enforcement
officers, or the prosecution of a case by prosecuting attorneys, he
or she shall apply to the Court of Claims, or a judge thereof, for
an order granting leave to discontinue his or her investigation for
a reasonable time in order to avoid such interference or
jeopardization. When it appears to the satisfaction of the court,
or judge, upon application by the claim investigator or in its own
discretion, that the investigation of a case by the claim
investigator will interfere with or jeopardize the investigation or
prosecution of a crime, the court, or judge, shall issue an order
granting the claim investigator leave to discontinue his or her investigation for such time as the court, or judge, deems
reasonable to avoid such interference or jeopardization.

(d) The finding of fact that is issued by the claim
investigator pursuant to subsection (b) of this section shall
contain the following:

(1) Whether the criminally injurious conduct that is the basis
for the application did occur, the date on which the conduct
occurred and the exact nature of the conduct;

(2) If the criminally injurious conduct was reported to a
law-enforcement officer or agency, the date on which the conduct
was reported and the name of the person who reported the conduct;
or the reasons why the conduct was not reported to a
law-enforcement officer or agency; or the reasons why the conduct
was not reported to a law-enforcement officer or agency within
seventy-two hours after the conduct occurred;

(3) The exact nature of the injuries that the victim sustained
as a result of the criminally injurious conduct;

(4) If the claim investigator is recommending that an award be
made, a specific itemization of the economic loss that was
sustained by the victim, the claimant or a dependent as a result of
the criminally injurious conduct;

(5) If the claim investigator is recommending that an award be
made, a specific itemization of any benefits or advantages that the
victim, the claimant or a dependent has received or is entitled to receive from any collateral source for economic loss that resulted
from the conduct;

(6) Whether the claimant is the spouse, parent, child, brother
or sister of the offender, or is similarly related to an accomplice
of the offender who committed the criminally injurious conduct;

(7) Any information which might be a basis for a reasonable
reduction or denial of a claim because of contributory misconduct
of the claimant or of a victim through whom he or she claims;

(8) Any additional information that the claim investigator
deems to be relevant to the evaluation of the claim.

(e) The recommendation that is issued by the claim
investigator pursuant to subsection (b) of this section shall
contain the following:

(1) Whether an award of compensation should be made to the
claimant and the amount of the award;

(2) If the claim investigator recommends that an award not be
made to the claimant, the reason for his or her decision.

(f) The claim investigator shall file his or her finding of
fact and recommendation with the clerk within six months after the
filing of the application:Provided, That where there is active
criminal investigation or prosecution of the person or persons
alleged to have committed the criminally injurious conduct which is
the basis for the claimant's claim, the claim investigator shall
file his or her finding of fact and recommendation within six months after the first of any final convictions or other final
determinations as to innocence or guilt, or any other final
disposition of criminal proceedings. In any case, an additional
time period may be provided by order of any Court of Claims judge
or commissioner upon good cause shown.